New information: how long it will take to receive an answer regarding your work permit

[Selene21 2]

Hi my name is Erika. I submitted my paperwork in August 27. Today i called USCIS to see if i was able to get an update through them since i don't see anything happening only and it has been almost 90 days since i submitted my paper work. They informed me that USCIS has 90 days from the day they received my application to give me an answer on my work permit. If November 27 passes for me and i haven't received anything i need to call them and let them know so they can give me a provisional work permit. That will allow me to work legally until they reach a decision for my work permit case. To get an answer on the deferred action should take from 4 to 6 months. Hope this helps you. Good luck!

[Rawf 336]

90 days counting holidays and weekends? That sounds like an awful long wait

You need to begin counting after your biometric appointment, not before that.

[Selene21 2]

Thats not what they told me. They said 90 days from the day they received my case.. Which for me was Sep 27.

[JoseG 383]

This is not true.

It is a myth that has also spread onto the other forum.

The reason this myth came to be, was that someone called USCIS wanting to know more information about their case. The USCIS representative asked that person for their Receipt Number, and that person gave the Customer Service Representative his I-765 Receipt Number, in which the USCIS employee told that person that there was a 90 day processing time for the I-765 application, but what the employee didn't know was that the I-765 was sent along with an I-821D application.

You see, the problem with this is that, we didn't file an I-765 application by itself, because obviously we don't qualify for one. In order to qualify for an EAD card (I-765) we first need to be granted Deferred Action (I-821D) The I-821D form (DACA) has a processing time of 4-6 months. AFTER you have been granted DACA, is when you qualify for an I-765, therefore, that is when the 90 day processing time starts.

People are still calling in and giving their I-765 Receipt Numbers and are still being told to call back after 90 days if they don't get a response on their I-765, even though the USCIS website clearly states that this doesn't apply to us, until our I-821D is approved.

Someone who submitted a Service Request after waiting 90 days got a response today, and it says the following:

On 11/15/2012 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I765

Filing date:

-- 08/30/2012

Receipt #:

-- EAC-12-908-96***

Referral ID:

T1D**********VSC

Beneficiary (if you filed for someone else):

-- Information not available

Your USCIS Account Number (A-number):

-- *********

Type of service requested:

-- Approaching Regulatory Time Frame

The status of this service request is:

You have filed Form I-821D, Consideration of Deferred Action for Childhood Arrivals and Form I-765 c33 Application for Employment Authorization, which is based on the final adjudication of your I-821D.

We have received your request stating that your I-765 application is approaching regulatory time frame.

The Service cannot make a final decision on your I-765c33 until after a final decision has been made on your I-821D.

The processing time for your I-765 will begin when a final decision is made on your I-821D Form.

Unfortunately, agency guidelines do not allow for the expedited processing of Forms I-821D.

Therefore, your forms will be processed in the order in which they were received. You should hear something from the Vermont Service Center within 60 days of this notice.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

Please remember: By law, every person who is not a U.S. citizen and who is over the age of 14 must submit Form AR-11 AND notify this office of their change of address, within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). To notify this office of a move, visit our website at: www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. The Form AR-11 can be downloaded from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. Instructions for filing the Form AR-11, including mailing instructions, are included on the Form.

U.S. Citizenship and Immigration Services

[NilviaRR 53]

Jose G.

You should pin this post or post it as a new topic. Very helpful information for those still waiting, I think.. It's unfair that ppl get so many different responses for how long it will take to get an answer when in reality we just don't know... I thought at first it depended on your education level (high school, college, etc), then I thought it depended on how long you've been in the country, what service center you're at, how many applicants live in your area, how much evidence you provided, if you applied through a lawyer or not, how neat your application is, and so many other factors.... But the reality is (I think) that there is NO designated processing time for the I-821D and consequently for the I-765... and a lot of ppl. who have been applying earlier are getting later responses. The reasons are unknown and I think your post is very helpful. It's not necessarily good news (that we don't know how long it will be) but it's definitely the truth.